Thornlie’s tree man Richard Pennicuik has ended his 110 day protest and climbed down from the 20m-high eucalyptus melliodorain on the front verge of his home.

Mr Pennicuik has been living in the tree outside his Hume Road home since early December, including during Monday’s devastating hail storm that swept across Perth and caused more than $200 million damage.

The City of Gosnells wants to remove the tree, claiming it poses a danger.

Mr Pennicuik claimed he won the moral battle before doing a lap around the tree and heading inside his home to have a shower.

He initially released a four paragraph statement, but re-emerged to speak to reporters, saying he felt great.

“The tree weathered the worst storm to hit Perth ever and it’s in good condition, it has proven itself,” Mr Pennicuik said.

“It is worth it because we have shown the people of Australia they need the constitution, they can’t do without it.

“I think I have (proven my point) I think the tree has.”

City of Gosnells Mayor Olwen Searle today welcomed the Mr Pennicuik’s decision to come down from the tree, but confirmed the council would go ahead with plans to chop it down.

Tree man Richard Pennicuik will come down from his tree, but not today.

He said this morning it was his “intent to come down” but he now needed to work out “the best course of action” for how to do it.

Mr Pennicuik said he was up until 4am with friends and family discussing what to do.

“What we’re looking to do is we’re looking to get down and we’re going to pursue it in the right direction to get down and that’s going to take us a little while,” he said.

“I’m not going to come down when people tell me.

“I’m going to come down when I want, I’m going to come down on my terms.

“I can’t come down looking like an idiot.”

Mr Pennicuik said yesterday that he needed “time” to think and talk to his friends and family after receiving legal advice that he should come down from a tree he has called home for three months.

Following a brief telephone conversation just after noon with his lawyer John Hammond, who called him from a neighbour’s house, Mr Pennicuik looked down at the gathered media pack yesterday to declare he was staying put.

But this morning he said: “It’s my every intent to come down.”

Whether it happens or not is another thing but that is my intent.”

Mr Hammond advised his client to come down after he received a letter from the City of Gosnells warning Mr Pennicuik could be fined $5000 fine and $500 for every subsequent day he stayed up.

Mr Pennicuik said this morning discussions last night focused on a track “that was completely wrong” but he would not say what that was. He said it was later ruled out.

Early yesterday speculation was growing that Mr Pennicuik would end his now 94-day protest.

But following the conversation with Mr Hammond, Mr Pennicuik said he did not want the council to make an example of him if he came down.

He said he was prepared to go to jail – a possibility if he failed to pay any fines – over his environmental crusade. He said he was also told his house could be seized.

Mr Pennicuik admitted he could not afford the cost of the fines, but insisted: “I can stay up here for the next 20 years.”

He said the council had reneged on a three-month moratorium to take no action.

But the council has said Mr Pennicuik shifted the goal posts when he made new demands for other trees to be spared and a barrier to be erected around the tree outside his house.

The council has maintained the eucalyptus melliodora has a history of being dangerous.

Gosnells mayor Olwen Searle said yesterday she was disappointed Mr Pennicuik had not taken his lawyer’s advice.

She said the council intended to visit him and ask him formally to come down, though she would not say when or give a timeframe for cutting down the tree.

Anyprosecution would be determined in the courts.

“All the council has ever endeavoured to do is to get Richard to come out of the tree and talk to us and we have given him every opportunity,” she said.

Mr Hammond said it was up to Mr Pennicuik whether to heed his advice.

“He is facing prosecution by the City of Gosnells, so Richard needs to make a call on that,” he said.

“If Richard wants to remain in the tree he can but there’s going to be legal consequences in doing that.”

Mr Pennicuik was already forced to remove a tree house in January and had an application to the Heritage Council rejected.

“All the council has ever endeavoured to do is to get Richard to come out of the tree and talk to us and we have given him every opportunity,” she said.

Mr Hammond said it was up to Mr Pennicuik whether to heed his advice.

“He is facing prosecution by the City of Gosnells, so Richard needs to make a call on that,” he said.

“If Richard wants to remain in the tree he can but there’s going to be legal consequences in doing that.”

Mr Pennicuik was already forced to remove a tree house in January and had an application to the Heritage Council rejected.

The Minister for Immigration and Citizenship, Senator Chris Evans, today announced the establishment of the Council for Immigration Services and Status Resolution.

The council will provide independent advice on the implementation of measures associated with the government’s immigration policy initiatives including New Directions in Detention and the national rollout of the Community Status Resolution Service.

‘The Government’s focus is on resolving the immigration status of people quickly and fairly while ensuring they are treated humanely and with dignity and respect,’ Senator Evans said.

‘The council will provide independent advice on policies, services and programs to achieve timely, fair and effective resolution of immigration status for people seeking asylum or other migration outcomes in Australia.

‘The terms of reference and membership of the council reflects the range of expertise required to implement the Government’s New Directions in Detention policy.’

The council, which succeeds the Immigration Detention Advisory Group, will meet for the first time on October 21 to identify priority issues to be addressed over the next two years. The IDAG provided valuable advice on the adequacy of detention services, accommodation and facilities at immigration detention centres around Australia.

The new council will also advise on the suitability of facilities and service delivery arrangements but its major focus will be on assisting the department with strategies to resolve a person’s immigration status in a community setting rather than in a detention centre provided they pose no risk to the community.

The council will be chaired by Paris Aristotle AM, director of the Victorian Foundation for Survivors of Torture and a former member of Immigration Detention Advisory Group with more than 25 years’ experience in the field.

Other members will include:

Air Marshal Ray Funnell AC (Retd) – former Chief of Air Force and a former member of IDAG, Air Marshal Funnell will serve as the deputy chair for the group

Ms Libby Lloyd AM – chair of the former National Council to Reduce Violence Against Women and was recently appointed to chair the Violence Against Women Advisory Group

Dr Maryanne Loughry – associate director of Jesuit Refugee Service–Australia. Dr Loughry is a psychologist, a research scholar at Boston College and the University of Oxford and a member of the Governing Council of the International Catholic Migration Commission

Associate Professor Harry Minas – director of the Centre for International Mental Health, University of Melbourne and the Victorian Transcultural Psychiatry Unit, he is a former member of IDAG and chair of the Detention Health Advisory Group (DeHAG)

Associate Professor Nicholas Procter – Associate Professor, school of nursing and midwifery, University of South Australia

Dr Jamal Rifi – Dr Rifi is the 2009 NSW Local Hero of the Year and Recipient of 2007 Human Rights and Equal Opportunities Commission Award. He is a former Commissioner for the Community Relations Commission for a Multicultural NSW, a general practitioner and an active community volunteer

Professor Samina Yasmeen – director of the Centre for Muslim States and Societies at the University of Western Australia and a current member of the Australian Multicultural Advisory Council (AMAC).

‘I believe the new group will provide valuable perspectives and their community links will help to strengthen the provision of community services to immigration clients in support of timely case resolution,’ the minister said.

The minister acknowledged the work of members of the previous Immigration Detention Advisory Group.

‘I’d like to acknowledge and thank the valuable and long–standing contribution of members of the Immigration Detention Advisory Group since its establishment in 2001,’ Senator Evans said.

‘Their independent expert advice provided to the previous and current government has been greatly appreciated.’

Swan Valley winemakers have vowed to boycott the coming Spring in the Valley festival, saying the two-day event has become too unruly and overcrowded.

Little River Winery and John Kosovich Wines said they would have nothing to do with the popular festival when it was staged on October 10 and 11 because it was a “debauch”. Other wineries said they would hold their own separate events to coincide with its running.

It comes as the Swan Valley Tourism Council, which organises the event, confirmed it would introduce a $5 entry fee for the first time in the festival’s history. The fee will apply to all people attending the event, with 40 per cent of proceeds to go to Ticketmaster and the rest to the council. With as many as 70,000 people expected to attend, the fee could net the council $200,000. Swan Valley Tourism Council executive officer Geraldine Riggir said patrons would need to show their tickets at all participating venues.

The cost of the ticket will not entitle patrons to entry into all venues, with many set to charge their own admission prices. Ms Riggir said the council’s $5 fee would help cover the cost of staging the event, while it would also allow organisers to better manage crowds. She defended the festival in the face of criticism from some Swan Valley businesses, arguing it was the best way of showcasing local products to a broad market.

“It’s not a terrible festival, it’s a fantastic festival,” she said. “It’s just a small element of it that is a problem. All the valley is trying to do is showcase the region and what it has to offer.”

Upper Reach Winery owner Laura Pearse said she would sell a limited number of tickets privately to ensure crowd numbers were kept under control. She backed the festival as a going concern, saying it was predominantly a “lovely day out”. But Little River Winery owner Jan de Tastes said she would close her winery in protest because she no longer felt the festival represented the best interests of producers in the valley.

“If it was a quality festival you could be proud of it but at the moment you’ve got the drunkenness taking over to such as degree that the whole thing is a debauch,” she said.

Mrs de Tastes threatened to sue the council and event sponsors if anything happened to her winery during the event.

A vibrant foreshore entertainment district, an indigenous cultural centre, cheap inner-city housing for students, voting at 16 and gay marriage are some ideas for improving Perth that Australia’s 2008 youth ambassador to the United Nations will take to today’s C2030 Summit.

One of many speakers at the summit, Elizabeth Shaw, 25, said a bold plan to bring the river to the city should be at the top of the State Government’s to-do list.

Ms Shaw, of Claremont, is on the City of Perth youth advisory council.

She said it was time Perth realised its potential. “We need to stop talking about things like connecting the city to the river and just do them,” she said.

“When you’ve got a space like the foreshore, you’ve got to be bold and innovative and take risks.”

Ms Shaw’s vision for the foreshore included a variety of housing for all social economic backgrounds, a range of restaurants, live music, wine bars, a rowdy pub, an art gallery, a public space for weekend markets and an indigenous cultural centre.

Diversifying usage on each city block to achieve a balance of retail, housing, business and industry combined with deregulated trading hours would keep the city activated and vibrant at all times.

Ms Shaw said attracting and retaining skilled local and international students could be improved by building high-density housing in the city and making it an exciting place to be.

“We need a big resident population to create flow-on services,” she said.

The controversial Smiths Beach tourism development in Yallingup, which has been dogged by scandal in its 10-year history, is set to enter the spotlight again with new plans to be released today.

Shire of Busselton planners will release a report on yet-to-be revealed modified plans for the Smiths Beach project, after rejecting previous proposals.

Councillors will debate the plan next Monday.

The new plan will be released just days before developer Canal Rocks and the Shire of Busselton go before the State Administrative Tribunal on June 11 for a 12-day hearing into the multi-million dollar development.

Canal Rocks wants to build 272 tourist units, 104 homes, two 50-bed hotels, a 60-bed backpacker lodge and about 50 camping sites on 21ha at the southern end of Smiths Beach.

Busselton shire rejected a modified proposal to the plan last December.

The Environmental Protection Authority rejected the project in April and said it would affect views of the coastline.

But EPA chairman Paul Vogel said a smaller development might be acceptable.

The Ocean Reef Marina development has the potential to provide the City’s residents with a world class recreational, residential, boating and tourism marina, development that encapsulates high levels of environmental sustainability, community amenity and delivers economic growth and social benefit.

Preliminary studies and research in the areas of environmental impact and sustainability, structure planning, coastal engineering and hydrology, and financial and commercial viability have been completed and indicate that the site does have the potential for a development of this nature.